Office of the Registrar
University Regulations (2009/2010)
5.11 Academic Misconduct
5.11.1 Principles

Within the University community there is a collective responsibility to maintain a high level of scholarly integrity. Students are expected to adhere to those principles which constitute proper academic conduct. Academic misconduct cannot be condoned or even appear to be condoned. Students have the responsibility to know which actions, as described under Academic Offences, could be construed as dishonest or improper. Students are reminded that for further guidance on proper scholarly behaviour they should seek advice from their instructors and faculty advisors.

5.11.2 General Information
  1. These procedures shall apply to all academic offences relating to undergraduate studies involving, but not limited to, those students who either have been or who are enrolled at Memorial University of Newfoundland. Notification of an allegation of academic misconduct will be forwarded to the last known mailing address of the student as noted on the files at the Office of the Registrar, and to the official University email address of the student. The University reserves the right to implement action under these procedures where an allegation has been made against a student but where reasonable efforts to contact the student are unsuccessful.

  2. Meetings and interviews stipulated in this regulation will be held in person, or at a distance using telephone or other interactive technologies.

  3. A student who wishes to attend classes, laboratories or other educational activities while an investigation under these procedures is being carried out, can do so only with the written permission of the academic unit concerned. Permission to do so will only be granted with the understanding that if the allegation of academic misconduct is proven and the penalty involves either probation or suspension, credit will not be granted for work completed prior to a finding of guilt. This provision excludes students charged with an offence under the Code of Disciplinary Procedures for Students. For information regarding the Code of Disciplinary Procedures for Students contact the Office of Student Affairs and Services.

  4. Although a student can continue in a program of studies, if eligible, while an investigation under these procedures is being carried out, the University does not accept liability for any consequences to the student's progress. However, the University may take these consequences into account, as appropriate and to the extent feasible, in cases where charges are dropped or the student is not found guilty. The consequences arising from an investigation and any negative decision rendered may include retroactive effects on grades or promotion within a program.

  5. A student accused of academic misconduct may consult advisors or facilitators. Such advisors may include a representative from a Memorial University of Newfoundland student union, an international student advisor, a faculty advisor, a University counselor or a faculty member who is familiar with these Regulations and who is willing to undertake the role of advisor whether resolution is sought through Procedures for Resolution of Alleged Academic Offences at the Unit Level or Procedures for Resolution of Alleged Academic Offences by the Senate Committee on Undergraduate Studies.

5.11.3 General Procedure
  1. When a member of the University community (faculty, staff, student) has grounds for belief that an academic offence has been committed there should be an attempt between the parties concerned to resolve allegations of minor offences. If the alleged offence is not deemed to be minor by the accuser, or resolution proves impossible, or one party is dissatisfied with the resolution, the matter shall be reported, without delay, to the head of the appropriate academic or administrative unit. If resolution is achieved and it is agreed that an academic offence has been committed, then the offence, together with the penalty applied, shall be reported to the head of the academic or administrative unit.

  2. Where resolution is not achieved, and if in the judgment of the head of the academic or administrative unit, the alleged offence warrants resolution at the unit level, the individuals involved will be advised to attempt to resolve the matter through Procedures for Resolution of Alleged Academic Offences at the Unit Level. In the event that no resolution is possible through these procedures between the individual parties, the head of the academic or administrative unit will institute proceedings through the Senate Committee on Undergraduate Studies.

  3. If, in the judgment of the head of the academic or administrative unit, the alleged offence against University regulations is such as to warrant resolution through the Senate Committee on Undergraduate Studies, the head of the academic or administrative unit will refer the matter to the Secretary of the Senate Committee on Undergraduate Studies, and Procedures for Resolution of Alleged Academic Offences by the Senate Committee on Undergraduate Studies will be implemented.

  4. In all cases, it is the responsibility of the academic or administrative unit to ensure that fairness and impartiality are achieved in the treatment of students.

5.11.4 Academic Offences
  1. In the following section the plural shall be deemed to include the singular.

  2. Academic offences shall be deemed to include, but shall not be limited to, the following:

    • Cheating on examinations or any other tests, theses, assignments, work term reports, projects or internship reports: includes copying from another student's work or allowing another student to copy from one's own work; consulting with any unauthorized person during an examination or test; using unauthorized aids; or knowingly recording or reporting false empirical or statistical data. The work referred to includes examinations, theses, assignments, work term reports, projects, internship reports, or any other tests which are to be used in judging the student's performance in a course or program of study, or on any special tests which the University may offer.

    • Impersonating another student or allowing oneself to be impersonated: includes the imitation of a student or the entrance into an arrangement with another person to be impersonated for the purposes of taking examinations or tests or carrying out laboratory or other assignments.

    • Plagiarism: is the act of presenting the ideas or works of another as one's own. This applies to all material such as essays, laboratory reports, work term reports, design projects, seminar presentations, statistical data, computer programs, research results and theses. The properly acknowledged use of sources is an accepted and important part of scholarship. Use of such material without acknowledgment is contrary to accepted norms of academic behaviour. Information regarding acceptable writing or by email practices is available through the Writing Centre at www.mun.ca/writingcentre/about/.

    • Theft of examination papers or other material: includes obtaining by any improper means examination papers, tests, or any other such material.

    • Use and/or distribution of stolen material: includes the use of material which the student knows to have been improperly obtained and/or the distribution of such material.

    • Submitting false information: includes falsifying academic forms or records, submitting false credentials, medical or other certificates, or making a false, misleading or incomplete declaration to the University.

    • Submitting work for one course or work term which has been or is being submitted for another course or work term at this or any other institution without express permission to do so: includes the presentation of an essay, report or assignment to satisfy some or all of the requirements of a course when that essay, report, or assignment has been previously submitted or is concurrently being submitted for another course without the express permission of the professor(s) involved.

    • Failure to follow relevant University/Faculty/School guidelines on ethics.

5.11.5 Procedures for Resolution of Alleged Academic Offences at the Unit Level
5.11.5.1 General Information

These procedures will not be applied to cases involving alleged offences on final examinations, any other evaluative instruments worth 40% or more of the final grade, allegations of impersonation or allegations of submission of forged documents. Such alleged offences are governed by the Procedures for Resolution of Alleged Academic Offences by the Senate Committee on Undergraduate Studies.

5.11.5.2 Explanation of Procedures

If, upon receiving a report of an alleged academic offence, the head of the academic or administrative unit decides that an attempt should be made to resolve the matter at the unit level the following procedures shall apply:

  • Normally within one week of notification, the head of the appropriate academic or administrative unit shall request a meeting with the accuser and the accused and at the meeting the head shall state the allegation, review the Procedures for Resolution of Alleged Academic Offences at the Unit Level including the range of applicable penalties, and arrange a second meeting between the accuser and the accused only.

  • At the second meeting the accuser and accused shall endeavour to obtain a mutually satisfactory resolution of the matter.

  • The accuser and accused shall report jointly to the head of the academic or administrative unit on the result of their second meeting.

  • If the report is of a resolution which the head of the academic or administrative unit considers to be fair and equitable the matter shall be considered closed. If the head of the academic or administrative unit considers the reported resolution to be unfair and/or inequitable he or she will endeavour to obtain an alternative satisfactory resolution directly with the parties.

  • Should all reasonable efforts to obtain a resolution at the unit level fail, the head of the academic or administrative unit will refer the case to the Secretary of the Senate Committee on Undergraduate Studies and shall inform the accuser and the accused accordingly. From this stage onward Procedures for Resolution of Alleged Academic Offences by the Senate Committee on Undergraduate Studies will apply.

  • At any stage of the Procedures for Resolution of Alleged Academic Offences at the Unit Level, the student may ask that his or her case be referred to the Secretary of the Senate Committee on Undergraduate Studies, and thereafter the Procedures for Resolution of Alleged Academic Offences by the Senate Committee on Undergraduate Studies will apply.

  • Should the accused be found guilty, a brief description of the offence and the penalty(ies) applied shall be forwarded by the head of the academic or administrative unit to the Office of the Registrar.

5.11.5.3 Failure to Appear or Respond
5.11.5.4 Penalties in the Case of Resolution at the Unit level

A student who has been found guilty of an academic offence will be subject to a penalty or penalties commensurate with the offence. Some cases may warrant more than one penalty for the same offence, and previous academic misconduct will be taken into account in determining the severity of penalties. The range of penalties and their determination are:

  • Resubmission of work with appropriate reduction in grade: will allow a student to complete and submit the work a second time.

  • Reprimand: will be in the nature of a warning by the head of the academic or administrative unit to the student that the student's behaviour has been unacceptable to the University.

  • Reduction of grade: will apply to an examination, test, or assignment to which an offence is relevant, and will be decided by the head of the academic or administrative unit.

5.11.6 Procedures for Resolution of Alleged Academic Offences by the Senate Committee on Undergraduate Studies
5.11.6.1 General Information

If the matter cannot be resolved following the Procedures for Resolution of Alleged Academic Offences at the Unit Level, or if, in the opinion of the head of the academic or administrative unit, the allegation involves a major breach of University regulations, or in cases involving alleged offences on final examinations, evaluative instruments worth 40% or more of the final grade, allegations of impersonation or allegations of submission of forged documents, the following Procedures for Resolution of Alleged Academic Offences by the Senate Committee on Undergraduate Studies shall apply. In the application of these procedures, in the case of students attending Sir Wilfred Grenfell College, the Sir Wilfred Grenfell College Sub-committee of the Senate Committee on Undergraduate Studies shall assume the role and authority defined below for the Senate Committee on Undergraduate Studies.

5.11.6.2 Explanation of Procedures
  • If the head of the academic or administrative unit (in the case of departmentalized faculties, the head in consultation with the dean) is satisfied that the student has a serious allegation to answer, that person shall inform the student in writing or at the official University email address of the student, normally within one week, of the nature of the allegation against him or her. In addition, the head of the academic or administrative unit shall report to the Secretary, Senate Committee on Undergraduate Studies, c/o Office of the Registrar, who will, normally within one week, appoint as an investigator a Chair of a Faculty/School Committee on Undergraduate Studies other than the Chair of that Faculty/School’s Committee. The investigator will interview separately the accuser, the accused and relevant witnesses. At these interviews the investigator, the accuser, the accused and relevant witnesses all have the right to be accompanied by a registered student or a member of the faculty or staff of the University.

  • Upon completion of these interviews, the investigator shall submit a written report of all findings to the Secretary, Senate Committee on Undergraduate Studies, c/o Office of the Registrar. Normally, the report will be submitted within four weeks of appointment as an investigator.

  • The Secretary of the Senate Committee on Undergraduate Studies shall present this report to both the accuser and accused for perusal and comment. Once in receipt of this report, the accuser and accused shall have two weeks in which to submit to the Secretary, Senate Committee on Undergraduate Studies any additional comments on the report that the person wishes to be considered in the deliberations of the Senate Committee on Undergraduate Studies.

  • The Secretary of the Senate Committee on Undergraduate Studies shall present to the Senate Committee on Undergraduate Studies for decision all information received from the investigator as well as comments from the accuser and accused. The investigator shall attend the meeting held to consider the case to answer questions raised by the Senate Committee on Undergraduate Studies and to provide information pertinent to the case, but shall be absent from the voting process.

  • Once a vote is taken, should the accused be found guilty, the Senate Committee on Undergraduate Studies shall take appropriate action in accordance with Penalties in the Case of Resolution by the Senate Committee on Undergraduate Studies.

5.11.6.3 Failure to Appear or Respond
5.11.6.4 Penalties in the Case of Resolution by the Senate Committee on Undergraduate Studies

A student who has been found guilty of an academic offence will be subject to a penalty or penalties commensurate with the offence. Some cases may warrant more than one penalty for the same offence, and previous academic misconduct will be taken into account in determining severity of penalties. Enforcement of penalties resulting from Procedures for Resolution of Alleged Academic Offences by the Senate Committee on Undergraduate Studies will be overseen by the Registrar. In addition to a Reprimand, which shall be in the nature of a warning by the Senate Committee on Undergraduate Studies to the student that the student’s behavior has been unacceptable to the University, the range of penalties and their determination is:

  • Reduction of grade: will apply to an examination, test, or assignment to which an offence is relevant, or to the entire course, and will be decided by the Senate Committee on Undergraduate Studies.

  • Rescinding of scholarships, bursaries or other awards: the recommendation for rescinding of scholarships, bursaries or other awards will be made by the Senate Committee on Undergraduate Studies to the Senate Committee on Scholarships and Awards for a final decision. The Senate Committee on Undergraduate Studies will notify the accused, in writing or by email, of the recommendation.

  • Probation: the period of probation will be determined by the Senate Committee on Undergraduate Studies and shall not exceed six consecutive semesters. The impact of being placed on probation is that the commission of any further academic offence during the period of probation may lead to suspension or expulsion.

  • Suspension: will apply to a course, department, faculty, school, or the University. The period of suspension will be determined by the Senate Committee on Undergraduate Studies and shall not exceed six consecutive semesters

  • Expulsion: the recommendation for expulsion from the University will be made by the Senate Committee on Undergraduate Studies to the President of the University for a final decision. Prior to the President's decision, the Senate Committee on Undergraduate Studies will notify the accused, in writing or by email, of the recommendation for expulsion from the University. The accused will be allowed a period of two weeks following the date of release of such notification to lodge an appeal before the President's final decision concerning expulsion from the University. Any such appeal should be made in writing or by email to the Executive Committee of Senate, c/o the Office of the Registrar.

  • Rescinding of degree: the recommendation for the rescinding of a degree previously awarded by the University will be made by the Senate Committee on Undergraduate Studies to Senate for a final decision. Prior to Senate’s decision, the Senate Committee on Undergraduate Studies will notify the accused, in writing, of the recommendation for rescinding of the degree. The accused will be allowed a period of two weeks following the date of release of such notification to lodge an appeal before the Senate’s final decision concerning the rescinding of the degree. Any such appeal should be made in writing to the Executive Committee of Senate, c/o the Office of the Registrar.

5.11.7 Transcript Entries Related to Penalties
  1. Transcript entries shall relate to the penalty(ies) imposed as follows:

    Penalty

    Transcript Entry

    Reprimand

    No transcript entry

    Reduction of Grade

    Entry of final grade for course

    Probation

    "On probation at the University for academic misconduct until [Day, Month, Year]"

    Suspension

    "Suspended from the University/Faculty/School/Program/Course for academic misconduct until [Day, Month, Year]"

    Expulsion

    "Expelled from the University for academic misconduct effective [Day, Month, Year]"

  2. The transcript entries for "probation" or "suspension" will be removed entirely upon the expiration of the penalty.

5.11.8 Disposition of Documentation
  1. The disposition of documents relating to allegations under these procedures shall be as follows: